HomeMy Public PortalAbout19940705 365
REGULAR COUNCIL MEETING, JULY 5, 1994
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The Regular Council Meeting of July 5, 1994, was called to order at 7:30 P.M. with
Mayor Louise Gardner presiding.
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The following Council Members were present for roll call:
Present: Bamicie, Bertel, Estes-Benward, Green, Haake, Halsey, Nilges,
Absent: Byrd, Jackson, and Wrigley
A quorum was declared present.
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The first Items of business were public hearings on the following:
a) Rezoning at 109 West Ashley Street (Bill 94-55) - No one present wished to
speak on this rezoning public hearing.
b) Rezoning a 20 acre tract at the north and of Independence Drive (Bill 94-58) -
No one present wished to speak on this rezoning public hearing. Councilman
Green stated he wished the record to reflect he will not neither discuss nor vote
on this particular Item to avoid a conflict of interest.
c) Rezoning: a 5.3 ,acre tract (Bill 94-57); a 10.6 acre tract and a 3.8 acre tract
(Bill 94-58) all located in Section 4, Township 44, Range 12 - Mr. Lary Brickey
of Central Missouri Professional Services stated the applicant wished to
withdraw his application for rezoning, and also withdraw bill 94-58 at this time.
d) Amendments to Flood Plain Requirements (Bill 94-42) - No one present
wished to speak on this public hearing.
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a) High & Cherry Streets Neighborhood Watch Delegation - Councilman Barnicle
stated that he had just returned from a meeting of this neighborhood and that he
was encouraged by the number of citizens and City police personnel who
participated in the meeting,
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The Consent Agenda consisted of the following items:
a Minutes of June 20, 1994, Council Meeting
b Minutes of June 23, 1994, Special Council Meeting
c Bid P1479 - Employee Assistance Program - Personnel & Safety
d Mayor's Expenses for U.S. Conference of Mayors
366
REGULAR COUNCIL MEETING, JULY$, 1994
Minutes of June 23, 1994, Special Council Meeting
c Bid P1479- Employee Assistance Program - Personnel & Safety
dj Mayor's Expenses for U.S. Conference of Mayors
e) Appointments
Janice McMillan - Senior Planner
Councilman Haake moved that the Consent Agenda be approved as presented, motion
seconded by Councilman Green, and approved.
Mayor Gardner stated that the following minutes/reports have been received are on file
in the City Clerk's office:
Solid Waste Committee, 6/13/94; Mayor's Report on 62nd Annual Conference of
Mayors, 6/94; Report of Fire Executive and Emergency Conference In Emmitsburg, MD;
Mayor Gardner announced that she would be personally presenting the June Yard of
the Month Award to Guy and Audrey Howser because they were unable to attend
tonight's meeting to accept the award.
Mayor Gardner reported on her activities at two meetings which she recently attended:
The 62nd Annual Conference of Mayors In Portland, Oregon, and the Fire Executive
and Emergency Conference In Emmitsburg, Maryland. She felt that the knowledge and
Information she obtained at these meetings would be beneficial to the City.
Councilman Byrd arrived at the meeting at this time.
am, NTR00=901,
sponsored by Councilman Jackson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
OF THE CITY OF JEFFERSON, MISSOURI, BY REPEALING THE PRESENT
CHAPTER 10 ENTITLED "CEMETERIES" AND ENACTING IN LIEU THEREOF A
NEW CHAPTER 10 ENTITLED "CEMETERIES" ESTABLISHING RULES AND
REGULATIONS FOR CEMETERIES.
Bill.IN-AA, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING,
AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE
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367
REGULAR COUNCIL NEE77NG, JULY 6, 1994
CITY OF JEFFERSON, BY REZONING A 20 ACRE TRACT OF LAND AT THE NORTH
END OF INDEPENDENCE DRIVE FROM RS-2, SINGLE FAMILY RESIDENTIAL, TO
RS-3, SINGLE FAMILY RESIDENTIAL.
01111 94-AZ, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING,
AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE
CITY OF JEFFERSON, BY REZONING THE FOLLOWING DESCRIBED TRACT OF
LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 4, TOWNSHIP 44, RANGE 12.
VIII,$,&., sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING,
AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE
CITY OF JEFFERSON, BY REZONING TWO TRACTS OF LAND LOCATED IN THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4,
TOWNSHIP 44, RANGE 12.
Councilman Nilges stated he wished to withdraw Bill 94-58 at the request of the
applicant for rezoning.
aill,24 IM, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FIRE
CODE OF THE CITY TO PERMIT THERMALLY PROTECTED ABOVE-GROUND
STORAGE TANKS.
-1,Q, sponsored by Councilman Nilges, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH MEMORIAL
COMMUNITY HOSPITAUSTILL REGIONAL MEDICAL CENTER TO PROVIDE
EMPLOYEE ASSISTANCE PROGRAM(EAP) SERVICES.
llll,$g , sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT
WITH BURNS & MCDONNELL FOR PROFESSIONAL SERVICES PERTAINING TO THE
FROG HOLLOW BELT SYSTEM.
368
REGULAR COUNCIL MEETING, JULY 51 1994
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Hill R&JI, sponsored by Councilman Haake, entitled:
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AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE AGREEMENT
WITH BURNS & MCDONNELL FOR PROFESSIONAL SERVICES PERTAINING TO THE
FROG HOLLOW BELT SYSTEM.
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Bill 24-62, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH STERLING
EXCAVATION AND ERECTION, INC., FOR SEWER BORING SERVICES AT COMMAND
WEB.
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Councilman Haake requested that the rules be suspended and Bill 94-62 placed on
final passage due to the urgent nature of the project, There were no objections to the
request for suspension of the rules. Bill 94-62 was read second and third times by title,
placed on final passage, and passed by the following vote as Ordinance 12114:
Aye: Barnlcle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, and
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Nilges
Nay: None
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9111 I M:JZ, sponsored by Councilman Haake, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON
ASPHALT COMPANY, INC. FOR 1994 MILLING AND ASPHALT OVERLAY PROJECT.
Bill 94-47 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12116:
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Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, and
Nilges i
' Nay: None
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BILL ad,:", sponsored by Councilman Nilges, entitled:
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369
REGULAR COUNCIL MEETING, JULY 6, 1994
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE
FIREFIGHTER'S RETIREMENT PLAN TO CLARIFY AND UPDATE LANGUAGE OF
THE PLAN.
Bill 94-50 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12117:
Aye: Bamicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, and
Nilges
Nay: None
8ill 2&1d, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING,
AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF
JEFFERSON, BY REZONING A 1.05 ACRE TRACT LOCATED BEHIND 2527 EAST
MCCARTY STREET FROM RS-2, SINGLE FAMILY RESIDENTIAL, TO C-2, GENERAL
COMMERCIAL.
Bill 94-51 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12118:
Aye: Bamicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, and
Nilges
Nay: None
x!!1,94-U, sponsored by Councilmen Nilges and Bertel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH OZARK CLAIM
SERVICE, INC. FOR ADJUSTING SERVICES.
Bill 94-52 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12119:
Aye: Bamicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, and
Nilges
Nay: None
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Bill 94-17, sponsored by Councilmen Bertel, Byrd, Green, Haake, Halsey, Nilges, Wrigley
entitled:
370
REGULAR COUNCIL MEETING, JULY 6, 1994
T
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH OZARK CLAIM if
SERVICE, INC. FOR ADJUSTING SERVICES.
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Bill 94-52 was read third time by title, placed on final passage and passed by the
following vote as Ordinance 12119:
Aye: Bamicle, Bertel, Byrd, Estes-Benward, Green, Heake, Halsey, and
Nilges
Nay: None
If
Bill 94-17, sponsored by Councilmen Bertel, Byrd, Green, Haake, Halsey, Nilges, Wrigley
entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING FIRE
DEPARTMENT EXAMINATION AND SELECTION PROCEDURES,
Councilman Nilges stated he wished to remove Bill 94-17 from the Informal Calendar at
this time, Councilman Nilges then moved to amend Bill 94-17 as follows:
• The section entitled,'EllolDlIlly shall road:
Job applicants must meet the City's age and residency requirements as well as meeting all of the
minimum qualifications as set forth In the job description,
Candidates for the position of Fire Driver shall have a minimum of three (3) years of full time
professional experience as a Fire Fighter, Candidates for the position of Fire Captain shall have a
minimum of six (a)years of full time professional firefighting experience .1,00 (a)
rfl.-n
year* a$ ol000, Any equivalent combination of training and experience
In a full time position which provides the knowledge, ability and *kill required of the
positions of Fire Driver and Fire Captain as *0 out In the respective job descriptions may
be accepted for qualifying purposes.
The section entitled,'practical Examination'shall read:
Ersalloll 9XIMInallon
The practical Examination Board Is hereby created and shall consist of six(11)members selected
by the Fire Chief at least two(2)of whom shall be employed within the Department. 01 the
111111 MOM111*4 GIRIPSIM441 by the FIFO Chia; OR*ffilliffiblIF Shall Ilia N FIFO at rf i beF shall
1116 0 FIFO DAYOF @Rd OR$ffiliffill—F$hall 60 l FIFS Captain. The FkFaetleal iiefelpAllon liseFd shall
094F10 4146 PROU941 marAIR-119m, The six members appointed shall have a background In a
371
REGULAR COUNCIL MEETING, JULY 6, 1994
! The Examination and Selection Procedure contained herein shall not take effect until approved by
the City Council. Upon approval of the City Council, thls procedure shall supersede current
selsction and promotion procedure s—Inoludin-fog laters. Any employee currently on an
eligibility register shall remain eiigibfe for promotion from the register until December 1,
1994 or undi a now eligibility register utilizing those procedures Is established, whkhevsr Is
later. In addition to those people on the existing list, persons qualifying for promotion
under these procedures shall be eligible as set out In these procedures.
Motion to amend was seconded by Councilman Estes-Benward. After a lengthy
discussion, the motion to amend was defeated by the following roll-call vote:
Aye: Bamicle, Bartel, Estes-Benward, and Nilges
Nay: Byrd, Green, Haake, and Halsey
Mayor Gardner voted "Nay"to break the tie
Councilman Nilges then asked that Bill 94-17 be placed back on the Informal Calendar,
to which other co-sponsors to the bill objected. Councilman Green moved that the
sponsors of the bill now vote whether to discuss the bill further and vote on It, or place
It back on the Informal Calendar. Motion was seconded by Councilman Haake. After
further discussion, Councilman Halsey called for the question, and the call for the
question was approved. The sponsors of Bill 94-17 then voted to further discuss and
remove the bill from the Informal Calendar for final passage by the following roll-call
vote:
Aye: Bertel, Byrd, Green, Haake, and Halsey
Nay: Nilges
Bill 94-17 remained off the Informal Calendar for discussion and final passage. After
further discussion, Councilman Green called for the question, seconded by Councilman
Halsey, and approved. Bill 94-17 (unamended) was then placed on final passage, and
defeated by the following roll-call vote:
Aye: Byrd, Estes-Benward, Green, Haake and Halsey
Nay: Bamicle, Bartel and Nilges
IN11 IN-42, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 8.63
"PROVISIONS FOR FLOOD HAZARD REDUCTION" OF ARTICLE V "FLOOD HAZARD
REGULATIONS" OF CHAPTER 8 "BUILDINGS AND BUILDING REGULATIONS",
PROHIBITING THE OUTSIDE STORAGE OF BUOYANT, FLAMMABLE OR EXPLOSIVE
MATERIALS IN AREAS OF SPECIAL FLOOD HAZARDS.
Councilman Green requested that Bill 94-42 be removed from the Informal Calendar,
and placed on final passage.
372
REGULAR COUNCIL MEETING, JULY 6, 1994
Aye: Bartel, Byrd, Green, Haake, and Halsey
!� Nay: Niiges
Bill 94-17 remained off the Informal Calendar for discussion and final passage. After
further discussion, Councilman Green called for the question, seconded by Councilman
Halsey, and approved. Bill 94-17 (unamended) was then placed on final passage, and
defeated by the following roll-call vote: s
Aye: Byrd, Estes-Benward, Green, Haake and Halsey
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Nay: Bamicie, Bartel and Niiges
Bit_I&JA2, sponsored by Councilman Green, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE
OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 8-63
"PROVISIONS FOR FLOOD HAZARD REDUCTION" OF ARTICLE V "FLOOD HAZARD
1! REGULATIONS" OF CHAPTER 8 "BUILDINGS AND BUILDING REGULATIONS",
PROHIBITING THE OUTSIDE STORAGE OF BUOYANT, FLAMMABLE OR EXPLOSIVE
MATERIALS iN AREAS OF SPECIAL FLOOD HAZARDS.
Councilman Green requested that Bill 94-42 be removed from the Informal Calendar,
and placed on final passage.
Bill 94-was read third time by title, placed on final passage and passed by the following
vote as Ordinance 12120:
Aye: Barnicle, Bertel, Byrd, Estes-Benward, Green, Haake, Halsey, and
Niiges
Nay: None
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RS94-18, Authorizing CDBG Application. Councilman Bartel moved for adoption of
the resolution, seconded by Councilman Green, and approved,
RS94-19, Authorizing Continued Participation in Narcotics Control Assistance
Program. Councilman Nilges moved for adoption of the resolution, seconded by
Councilman Green, and approved.
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There were no liaison reports at this time.
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373
REGULAR COUNCIL MEETING, JULY 6, 1994
Councilman Byrd stated he has been asked to serve as Chairman of the State Softball
Tournament for Special Olympics. He encouraged Council and citizens to participate
and turn out to show their support for these"special" athletes.
Dave Johnston, City Administrator, explained the details of the proposal for use of the
shell building In Capital City Industrial Park. Councilman Halsey stated he would only
support usage of the building by a not-for-profit organization. Councilman Nilges
stated he thinks Council should wait and see what proposals are made before deciding
who could or could not use the building.
Councilman Green moved that the Executive Session Minutes of June 20, 1994, be
approved, seconded by Councilman Byrd, and approved.
p III! NINE`
Councilman Bertel moved that the Council go into Executive Session for the purpose of
discussing Real Estate, Litigation, and Personnel. Motion was seconded by
Councilman Byrd, and approved by the following roil-call vote:
Aye: Bamicle, Bertei, Byrd, Estes-Benward, Green, Haake and Nilges
Nay: Halsey
Mayor Gardner stated the Council would reconvene In Executive Session after a ten-
minute recess.
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